Circular No.05/2011-Income Tax Instructions for deduction of TDS from salary for financial year 2011-2012 under section 192 of the Income Tax Act, 1961. The present Circular contains the rates of deduction of income-tax from the payment of income chargeable under the head “Salaries” during the financial year 2011-2012 and explains certain related provisions of the Income-tax Act. CIRCULAR NO. 05/2011 [F.NO. 275/192/2011-IT(B)], DATED 16-8-2011
Common Mistakes That Are Noticed By the CPC, Adjustment Of Old Demands Against Refunds Processed By CPC. Request Made By CPC To The CA Fraternity.- o encourage tax payers to file returns electronically instead of physically to make processing of tax returns more efficient.To encourage tax payers to obtain Digital Signature Certificates and to sign the e-returns electronically to minimize use of paper and logistics efforts.
• Prime Minister calls for understanding and restraint, otherwise our security and integrity can get adversely affected. • Prime Minister cautions against ‘some people who want to create disturbances in the country so that our progress gets stalled’. • Prime Minister vows that ‘we will not let this happen’. • Prime Minister says this is time ‘to rise above personal or political interests and build consensus on issues of national importance’.
Western Geco International Limited Vs. DDIT (International Taxation), Dehradun (Advance Ruling Authority)- Even if part of the income falls under ‘Royalties’ or ‘Fees for technical Services’, there is no scope to assess such receipts under these heads, once it is held that the income is from its oil exploration and production activities as envisaged under section 44BB. We are of the view that if the applicant desires to know the answers to the two issues, then it has to first exercise the option to get its income computed under section 44BB(3). In view thereof, we answer the Question No.2 by saying that the entire mobilization/demobilization revenues received by the applicant with respect to seismic data acquisition and/or processing would be taxable in India at an effective rate of 4.223%.
Krishna Murthy Vallu Vs ITO (ITAT Visakhapatnam)- If land which is sold is situated in an area which is comprised within the jurisdiction of a municipality, etc, then the said land is squarely covered by clause (a) of section 2(14)(iii) and would fall in the category of ‘Capital assets’ even if it is held to be agricultural land. However, the assessee would be entitled for an exemption under section 54B on the reinvestment made by him in the purchase of another agricultural land subject to fulfilment of certain conditions.
Hero Honda Motors Ltd. Vs. DCIT (ITAT Delhi)- In our considered opinion, the stand taken by the assessee at the time of filing of return of income was a possible and plausible view and therefore, the penalty is not justified. The judgement of Honourable Apex Court rendered in the case of CIT v. Reliance Petroproducts Ltd. reported in 327 ITR 158 also supports the case of the assessee because in that case, it was held by Hon’ble Apex Court that mere making of a claim by itself will not amount to furnishing of inaccurate particulars regarding the income of the assessee and such a claim made in the return of income cannot amount to concealment of income or furnishing of inaccurate particulars of income unless it is found that any details supplied by the assessee in this return were found to be incorrect or erroneous or false. In our considered opinion, this judgement of Honourable Apex Court supports the case of the assessee in the present case and respectfully following this judgement, we delete the penalty.
M/s Sundaram Fasteners Ltd Vs CIT (Madras High Court)- As far as placing reliance on the decision of the Apex Court in the case of Pandian Chemicals Ltd. Vs. Commissioner of Income Tax) reported in [2003] 262 ITR 278 is concerned, we do not find, the said decision, in any manner, goes against the case of the assessee. The Unit at Krishnapuram is stated to be the only unit having hot forging machine. It is stated that the assessee, based at Krishnapuram, received bolts and nuts from Padi, manufactured using cold forging. The Krishnapuram unit completes hot forging and after the process comes to Padi where there is further value addition and after assembling nuts and bolts, they are marketed.
CIT, Chennai Vs A R Mercantile Pvt. Ltd. (Madras High Court)- The Tribunal accepted the case of the assessee based on the letter issued by the Assistant Executive Engineer of the Tamilnadu Electricity Board, that the windmill was commissioned on 30.09.1995.
CIT, Mumbai Vs Life Insurance Corporation Of India Ltd.- (Bombay High Court)- The object of inserting Section 10(23AAB) as per the Board Circular No. 762 dated 18th February 1998 was to enable the assessee to offer attractive terms to the contributors.
Today, our nation stands at a threshold. There are important issues on which we must focus, and as we do so, keep in mind that these are times, when we should also be on our guard, about not straying away from our main objective, of strengthening the nation in its many aspects. This is a time for introspection, a time to take well thought out measures, and to prepare well for the future. There have been occasions earlier, when confronted with many questions, we did find answers. The real strength of a nation is judged not by the challenges it faces, but by its responses. Therefore, as we analyze, make policies, legislate, implement schemes and enforce laws, we must not, forget that the purpose of all our efforts is to move on the path of progress while ensuring that morals and ethics in our society do not get eroded.
